Citation, commencement, extent and interpretation

1.—(1) These Rules may be cited as the Court of Protection (Amendment) Rules 2025 and come into force on 1st October 2025.

(2) These Rules extend to England and Wales.

(3) A reference to a Part or rule by number alone means the Part or rule so numbered in the Court of Protection Rules 2017(3).

Amendment of the Court of Protection Rules 2017

2. The Court of Protection Rules 2017 are amended as set out in rules 3 to 6 of these Rules.

Amendment to Part 4 (hearings)

3. In rule 4.1(4) (exception to the general rule – hearing to be held in private), omit “or writ of sequestration (in respect of which rule 21.27 makes provision)”.

Amendment to Part 21 (applications and proceedings in relation to contempt of court)

4. In rule 21.4 (requirements of a contempt application), in paragraph (2)(n) after “incriminate the defendant” insert “, but that the court may draw adverse inferences if this right is exercised”.

5. In rule 21.7 (directions for hearing of contempt proceedings), after paragraph (3) insert—

“(4) Before the first hearing of the contempt proceedings, the court must consider whether to make an order under rule 21.8(5) for the non-disclosure of the identity of the defendant in the court list. If it makes such an order the court must—

(a)before the first hearing, notify the national print and broadcast media, via the Press Association; and

(b)at the first hearing, consider any submissions from the parties or media organisations before deciding whether, and if so to what extent, the order should be continued or varied.”.

6. In rule 21.8 (hearings and judgments in contempt proceedings)—

(a)in paragraph (5)—

(i)for “The court must” substitute “Subject to paragraph (11), the court may”; and

(ii)for “party or witness”—

(aa)in the first place it appears, substitute “person”;

(bb)in the second place it appears, substitute “person or any other person”;

(b)after paragraph (11) insert—

“(11A) If a committal order is made, it must name the defendant.”; and

(c)for paragraph (13) substitute—

“(13) Where the court makes an order for committal, the court shall ensure that the judgment in the contempt proceedings is transcribed and published on the website of the judiciary of England and Wales.”.